星空传媒

Ms M came from Guyana in 1998 on a six-month visitor's visa. When that expired, she stayed. In 1999 she married and moved into her husband's council flat. They had one child in 2001 who has British nationality. In 2002, the husband left. The tenancy was transferred to Ms M's name.

Because she was an overstayer Ms M was not entitled to benefits and had no other income. The rent was not paid.

A health visitor referred the family to social services.

The council decided the child was in need and offered to use its powers under the Children Act to buy one-way tickets for Ms M and the child to Guyana.

On her claim for a judicial review, the judge quashed that decision. The council had failed to consider the impact of the departure of the child on her relationship with her father. Also, the council had failed to properly determine what help (if any) would be available for Ms M and her child in Guyana.

Although the council could not be expected to provide long-term housing for Ms M, it had to reach a lawful decision.